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58 Ill. 101

Carter v. Bradley

Illinois Supreme Court

Decided January 15, 1871

Illinois Supreme Court · decided 1871-01-15

<p>Writ of Error to the Circuit Court of Champaign county ¡ the Hon. O. L. Davis, Judge, presiding.</p>

Cited by 2 later decisions — most recently May 1914

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

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Per Curiam:

¶1The bill in this cause was filed by appellee against appellant, to compel appellant to execute to appellee a deed for a certain quarter section of land therein described.

¶2It appears the parties had entered into copartnership to carry on farming operations on that tract, and another near by or adjoining, out of which disputes arose, and claims originated which have never been adjusted, and which by the proofs in the cause are of very large amount.

¶3The court, without adjusting the accounts between the parties, decreed that appellant should, by a good and sufficient deed, release all his interest in the land on being refunded by appellee the money appellant paid for the land, and another small amount paid by appellant towards the erection of a house on the land»

¶4This was error. There were other grave matters to be considered by the court and adjusted, besides the purchasevprice of the laúd. All the equities of the parties should have been investigated, and a decree pronounced in favor of the party having the strongest equity, to be ascertained from all the transactions between them. The right of appellee to this land could not well be determined, until the partnership accounts and matters had been adjusted. Justice requires such an adjustment before equities can be definitely determined.

¶5The decree must be reversed and the cause remanded for further proceedings.

¶6Decree reversed.

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